Terms & Conditions

Terms and Conditions

These terms (“Terms”) apply to those purchasing products from us, or generally using the services and information on our website thinkingdrinkers.com

By using thinkingdrinkers.com you agree that you have read and accept these Terms, which may be amended from time to time. Please read the Terms carefully prior to purchasing products from us or using our sites.

By placing an order with us you confirm that you and the recipient of the alcohol are at least 18 years of age. It is against the law for any person under the age of 18 to buy, or attempt to buy intoxicating liquor or for any person to buy intoxicating liquor on behalf of any person under the age of 18.

By accepting these Terms you confirm that you are 18 years of age and consent to our validating name, address, age, and other personal information supplied against third party databases. Personal information may be disclosed to a credit reference agency or fraud prevention agency who may keep a record. No credit checks are performed and any checks made are done for the sole purpose of confirming your identity.

None of these Terms affect your legal rights. If any term is deemed to be against any applicable statutory or common law, the exclusion of that term will be to the minimum extent required to comply with the law and will not affect the validity or enforceability of the remainder.

Thinking Drinkers Ltd

Thinking Drinkers Ltd is registered at Companies House, in England and Wales, as a Private Limited Company Registered Office: 150 Cravells Road, Harpenden, Herts, AL5 1BQ Companies House Number: 06995052.

Sales

A contract with us is created by our accepting an order. Order acceptance is only complete and thus the contract formed, when we despatch to you the product or products ordered. 

We retain the right not to accept an order for any legal reason, but may specifically do so as a result of product unavailability, inability to take or obtain authorisation for your payment, lack of verification that you are aged 18 or over, the suspicion of fraudulent use or use that we deem inappropriate or against our Terms of our Sites, or an incorrect price or product description appearing on our Sites.

All prices are quoted in pounds sterling and include UK duty and VAT unless otherwise stated. 

We reserve the right to end special offers at any time, also without notice.

All goods are purchased from us are for personal use only (including gifts), and may not be sold or used for commercial purposes.

Our liability for loss, damage or costs you incur as a result of our failing to comply with these Terms are limited to those that are a direct and foreseeable consequence of such failure(s).

The images used for our products are illustrative only. We make every effort to ensure their accuracy but we cannot guarantee that the colours and appearance will display accurately. Products purchased may vary.

 Delivery

We deliver to the United Kingdom, not including overseas territories or crown dependencies, other than the Isle of Man. 

Goods are posted to arrive the penultimate Friday of each month. Tastings will occur the final Thursday of each month. We rely on postal services; this is subject to disruption accordingly.

Force Majeure

We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale which arise from any event which is outside of our control. Such events may include any force majeure, industrial action, or failure of information technology or third party providers. We will always make best efforts to contact you in such circumstances in order to keep you up-to-date, make alternative arrangements where possible and reasonable and mitigate the effects. You remain entitled to cancel your order, and if you have already paid receive a full refund.

Our liability to you or any third party for loss, damage or costs which arise as a consequence of your wrong-doing, failure to handle our products in a safe and appropriate manner, or your failure to store, consume or otherwise interact with products purchased from us in an appropriate manner (see Recommendations and Warnings below). Similarly, we will not be liable for loss, damage or costs incurred as a result of spillages or breakages unless as a result of our negligence, or our products being faulty/defective in accordance with the relevant and applicable law.

Cancellations, Replacements and Refunds

You may cancel your subscription 7 working days before the penultimate Thursday of each month by emailing info@thinkingdrinkers.com.

None of these Terms affect your legal rights with regards to any of our products or services. More information on your legal rights can be obtained through Trading Standards or your local Citizens Advice Bureau.

Security

All information is stored using up-to-date secure software in accordance with the most recent security protocols. This includes the handling of credit card details. For more information on your privacy and data please see our Privacy Policy.

Fraud and Crime

In order to prevent, detect or assist with the prosecution of offences and/or the apprehension of offenders we reserve the right to share information with the police and other such agencies in accordance with the relevant statutory and common law. Such information will only be used for this purpose.

Recommendations and Warnings

Drink less, drink better. Alcohol should be consumed in moderation. Please handle in accordance with standard manual handling procedures with respect to the weight of the products being handled. Our products may stain. Always store in a cool and dark area, away from direct sunlight and do not shake or otherwise inflict unnecessary movement.

Contact Details

Please contact us with any queries, general enquiries or questions regarding your orders. We can be contacted by email on info@thinkingdrinkers.com.

Use of our Sites

The use of our thinkingdrinkers.com is strictly prohibited to anyone under the age of 18 years. By using our thinkingdrinkers.com you confirm that you are 18 years of age or over.

You may only use thinkingdrinkers.com for lawful purposes and without infringing the rights of others or restricting or inhibiting their use and enjoyment of the Sites.

We reserve the right to withdraw our services on the Sites without notice.

Intellectual Property Rights

All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks and any other future and present intellectual property are owned Thinking Drinkers Ltd or the applicable third party application or licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.

Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.

Liability

Access to and use of the Sites and content on the Sites is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Sites.

We expressly exclude, to the fullest extent permitted by law, all liability of Thinking Drinkers Ltd its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Sites; or (ii) use of or reliance on any content displayed on the Sites.

Information transmitted via the Sites will pass over public telecommunication networks. We make no representation or warranty that the operation of the Sites will be uninterrupted or error free and we will not be liable to you if for any reason the Sites are unavailable at any time or for any period or if there are any errors.

ThinkingDrinkers.com may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.

Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.

This section does not affect or apply to our liability under Terms of Sale with regards to specific liability incurred through the sales of our products. Nothing in these Terms shall affect your legal rights as a consumer.

Privacy

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

Your consent;

The performance of the contract between you and the Site;

Compliance with our legal obligations;

To protect your vital interests

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us at infor@thinkingdrinkers.com. Privacy

We are GDPR compliant and process information about you in accordance with our Privacy Policy. By using thinkingdrinkers.com you consent to such processing and confirm that all information provided is accurate.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

General

We reserve the right to suspend your use of the thinkingdrinkers.com at any time for operational, regulatory, legal or other reasons. We may terminate your use of the thinkingdrinkers.com and/or your account with us with immediate effect if you breach any of these Terms.

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. 

These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 


Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and The Thinking Drinkers Ltd,  the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  The Thinking Drinkers Ltd  and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to The Thinking Drinkers Ltd and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of The Thinking Drinkers Ltd,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

2. You may, for your own personal, non-commercial use only, do the following:

  a) retrieve, display and view the Content on a computer screen

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of  The Thinking Drinkers Ltd. 

Prohibited use

4. You may not use the Website for any of the following purposes:

  a) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
  b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

5. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of  The Thinking Drinkers Ltd or that of our affiliates.

6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

7. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy

8. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.

Availability of the Website and disclaimers

9. Any online facilities, tools, services or information that  The Thinking Drinkers Ltd  makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  The Thinking Drinkers Ltd  is under no obligation to update information on the Website.

10. Whilst  The Thinking Drinkers Ltd  uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

11. The Thinking Drinkers Ltd accepts no liability for any disruption or non-availability of the Website.

12. The Thinking Drinkers Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

13. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

14. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

15. To the maximum extent permitted by law, The Thinking Drinkers Ltd accepts no liability for any of the following:

  a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  b) loss or corruption of any data, database or software;
  c) any special, indirect or consequential loss or damage.

General

16. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

17. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

18. These terms and conditions  together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

19. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

20. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

21. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

22. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

The Thinking Drinkers Ltd. details

23. The Thinking Drinkers Ltd is a company incorporated in England and Wales with registered number 06995052 whose registered address is 150 Cravells Road, Harpenden, Hertfordshire, AL5 1BQ and it  operates the Website www.thinkingdrinkers.com.

2019 Thinking Drinkers © All rights reserved.